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AF | BCMR | CY2012 | BC-2012-00099
Original file (BC-2012-00099.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-00099 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

 
 
IN THE MATTER OF: 
 
      
 
     
 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
One of his non-selections to the rank of major on the Calendar 
Years  2009  (CY09)  and  2010  (CY10)  Line  and  Health  Professions 
Nonparticipating  Reserve  (NPR)  Major  Promotion  Selection  Boards 
be expunged from his record.   
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  received  two  consecutive  non-selections  for  promotion  to 
major while in the inactive reserves, and they would constitute 
unmerited  prejudice  against  him  if  he  were  to  join  the 
Connecticut  Air  National  Guard  (ANG).    His  reserve  record  and 
combat  experience  would  have  merited  a  promotion  had  he  stayed 
on  active  duty  or  immediately  transferred  to  the  ANG.    This 
would allow him to join the Connecticut ANG.  
 
In support of his request, the applicant provides copies of two 
memos from an ANG Group Commander stating his desire to hire the 
applicant.  
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant initially entered active duty on 14 Jul 99. 
 
On  29  Sep  07,  he  separated  from  active  duty  under  a  Voluntary 
Separation  Program  (VSP)  and  was  credited  with  8  years, 
2 months, and 16 days of active service.   
 
On 23 Sep 09, he was a non-selected for promotion to the grade 
of  major  (O-4)  by  the  CY09  Line  and  Health  Professions 
Nonparticipating Reserve (NPR) Major Promotion Selection Board.   
 

On  1  Feb  10,  he  was  again  non-selected  for  promotion  to  the 
grade  of  major  (O-4)  by  the  CY10  Line  and  Health  Professions 
Nonparticipating Reserve (NPR) Major Promotion Selection Board.   
 
The remaining relevant facts pertaining to this application are 
described  in  the  letter  prepared  by  the  Air  Force  office  of 
primary responsibility (OPR) which is included at Exhibit C. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
ARPC/DPB  recommends  removing  both  non-selections  to  major  from 
the applicant’s records.  Both of the promotion boards on which 
he was non-selected had a quota of one officer to promote.  The 
applicant  was  not  that  officer.    The  applicant  was  discharged 
from  all  appointments  on  30  Sep  10.    ANG  policy  prohibits  any 
officer in a twice-deferred status from obtaining an appointment 
with  the  ANG.    However,  the  applicant  is  no  longer  a  twice 
deferred  officer.    The  applicant  is  a  civilian  and,  therefore, 
cannot be in a twice deferred status.  There is nothing in the 
law  that  prohibits  reappointment  of  a  former  officer,  even  if 
that  former  officer  was  previously  deferred  twice.    If  the 
applicant  re-entered  military  status,  he  would  have  a  “clean 
slate.”   
 
A complete copy of the ARPC/DPB’s evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant on 1 Mar 12 for review and comment within 30 days.  As 
of  this  date,  no  response  has  been  received  by  this  office 
(Exhibit D). 
 
________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 
 
2.  The application was timely filed. 
 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  error  or  injustice.    We  find  no 
evidence  of  error  in  this  case  and  after  thoroughly  reviewing 
the  documentation  that  has  been  submitted  in  support  of 
applicant's  appeal,  we  do  not  believe  he  has  suffered  from  an 
injustice.  The Board notes the assertion by AFPC/DPB that there 
is  nothing  in  law  that  prohibits  reappointment  of  a  former 
officer,  even  if  that  former  officer  was  previously  twice 

 
2 

deferred,  and  that  if  the  applicant  re-entered  military  status 
he  would  have  a  “clean  slate.”    Given  that  the  applicant  does 
not contend there was an error or injustice in his being twice 
non-selected  for  promotion,  coupled  with  the  Air  Force  OPR’s 
assertion that there is no restriction against reappointing him, 
the  Board  believes  that  no  relief  is  required  or  warranted.  
Further, granting the applicant’s request would be inconsistent 
with  existing  Air  Force  policy.    Therefore,  based  on  the 
available  evidence  of  record,  we  find  no  basis  upon  which  to 
favorably consider this application. 
 
4.  The applicant’s case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 
will materially add to our understanding of the issues involved.  
Therefore,  the  request  for  a  hearing  is  not  favorably 
considered. 
 
 
________________________________________________________________ 
 
THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  the  evidence  presented  did  not 
demonstrate  the  existence  of  material  error  or  injustice;  the 
application  was  denied  without  a  personal  appearance;  and  the 
application  will  only  be  reconsidered  upon  the  submission  of 
newly  discovered  relevant  evidence  not  considered  with  this 
application. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2012-00099 in Executive Session on 7 Nov 12, under the 
provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
 
 
 
 
 
 
 
 
                                     
                                   Panel Chair 
 

Exhibit A.  DD Form 149, dated 9 Jan 12, W/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPB, dated 14 Feb 12. 
Exhibit D.  Letter, SAF/MRBR, dated 1 Mar 12. 

  Panel Chair 
  Member 
  Member 

 
3 



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